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Harmonization of Labour Laws and Policies in Pakistan in line with International Labour Standards

Harmonization of Labour Laws and Policies in Pakistan in line with International Labour Standards. A Joint Presentation By Labour & Human Resource Department, Government of the Punjab & Center for Law and Policy, Lahore South Asia Labour Conference, Lahore, Pakistan, 24-26 April 2014.

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Harmonization of Labour Laws and Policies in Pakistan in line with International Labour Standards

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  1. Harmonization of Labour Laws and Policies in Pakistan in line with International Labour Standards A Joint Presentation ByLabour & Human Resource Department, Government of the Punjab & Center for Law and Policy, Lahore South Asia Labour Conference, Lahore, Pakistan, 24-26 April 2014

  2. Pakistan: Ratification of ILO Conventions Source: ILO

  3. Pakistan: Ratification of ILO Conventions Source: ILO

  4. Status Today • In 2010, subjects of labour and employment devolved to Provinces under the 18th Amendment to the Constitution of Pakistan • Federal labour laws made applicable on Provinces under Article 270AA(6) of the Constitution of Pakistan until replaced, amended or repealed by Provinces • Only cosmetic or minor re-enactments and amendments made by Provinces till date

  5. How many labour and employment laws are in force in Punjab Province of Pakistan today? Status Today

  6. 72Acts & Ordinances Status Today

  7. Proportionate Share of Labour Legislation

  8. The Punjab Government proposes consolidation, simplification and rationalization of labour legislation to make the task of harmonization with International Labour Standards simpler and more effective Going Forward

  9. Why has consolidation, simplification and rationalization not taken place until now?

  10. EXERCISE28 YEARSIN THE MAKING SINCE 1986 Background

  11. Background • 1986 ILO Sectoral Mission • 1994 Task Force on Labour • 2000 ShafiurRehman Commission Report • 2002 Labour Policy • 2010 Labour Policy • 2014 Draft Punjab Labour Policy

  12. Background • 2000 ShafiurRehman Commission Report Recommended consolidation into 6 laws relating to: • industrial relations • fixation of payment of wages • employment and working conditions • occupational safety and health • human resource development • labour welfare and social safety net (Source: ShafiurRehman Commission Report 2000)

  13. Background • 2000-2002 20 laws consolidated into following 6 draft laws: • Industrial Relations Ordinance • Conditions of Employment Ordinance • Payment of Wages Ordinance • Occupational Safety & Health Ordinance • Labour Welfare & Social Security Ordinance • Human Resources Development & Control of Employment Ordinance

  14. Reasons for Past Failures • Lack of political will and/or frequent change of governments • Individual leadership initiatives rather than institutional initiatives • Lack of sustained effort • Lack of expertise • Difficulty in reaching consensus due to greater number of stakeholders spread across four Provinces

  15. Reasons for Past Failures • Improper project execution • Failure to effectively manage the stakeholders’ consultation processes • Long-winded and/or flawed consultation processes • Failure to obtain meaningful stakeholder inputs • “Back-to-front” approach (i.e. initiating tripartite consultation process prior to drafting the draft legislation as opposed to first drafting the legislation and, thereafter seeking stakeholders’ inputs, i.e. “front-to-back” approach

  16. Reasons for Past Failures • Failure to fully appreciate “cost of implementation”, “cost of compliance” and “cultural adaptability” issues by stakeholders • Absence of pressure from foreign stakeholders such as the EU and the ILO • Absence of punitive measures by foreign buyers, e.g. The Walt Disney Company’s dropping of Pakistan from its list of ‘Permitted Sourcing Countries’ w.e.f. 1 April 2014

  17. Objectives • Consolidation • Simplification • Rationalization • Harmonization

  18. Objectives • Consolidation • Reduce number of laws • Identify laws that can be consolidated • Precedent: In the 2000-2002 drafting exercise, out of the 37 general labour laws, 20 laws were consolidated into six laws

  19. Objectives • Simplification • Consolidation itself contributes to simplification • Fewer laws easier to implement, comply with and enforce • Rights and obligations easier to understand • Simplification and reduction of paperwork and procedures • Cost-saving and time-saving for all stakeholders

  20. Objectives • Rationalization • Removal of: • Overlapping, repetition and redundancies • Conflict • Gaps and loopholes • Penalties for non-compliance must have deterrence value • Creation of a seamless and comprehensive legislative framework

  21. Objectives • Harmonization • Harmonization with International Labour Standards, specifically ILO Conventions • Ratified by Pakistan • Not ratified by Pakistan (as much as possible) • Harmonization with laws and best practices of major markets

  22. Scope • Applicable to: • Industrial establishments • Commercial establishments (Public and Private-Sector)

  23. Scope • Should the following be included? • Agricultural workers • Home-based workers • Domestic workers This should be debated at this Conference.

  24. Recommendations • Consolidation and harmonization project should target general labour and employment laws • Laws applicable on conditions of employment should be bifurcated into separate laws applicable to commercial establishments and industrial establishments

  25. Recommendations • Laws relating to payment of wages and minimum wage should not be separate laws as they are a major condition of employment and should be incorporated into the laws relating to conditions of employment in industrial and commercial establishments respectively

  26. Recommendations • Notwithstanding the fact that labour legislation is now a provincial subject, all provinces and territories in Pakistan should coordinate with one another to ensure that labour legislation is as uniform as possible across Pakistan

  27. Recommendations:Framework of New Laws

  28. The Way Forward • Step 1: Identifying laws for consolidation • Step 2: Drafting consolidated legislation, in harmony with International Labour Standards, and based on experience, expertise and previously collected stakeholders inputs. No need to reinvent the wheel: • Drafting exercise done during 2000-2002 may be a starting point • Past stakeholders inputs may be used

  29. The Way Forward • Step 3: Circulating draft laws amongst stakeholders for feedback and recommendations. This exercise may be repeated over 3 to 4 drafts • Step 4: Convening focused and meaningful stakeholders’ consultation sessions to discuss draft legislation: • Bilateral in first phase • Tripartite in second phase

  30. The Way Forward • Step 5: Incorporating inputs from stakeholders' sessions into drafts • Step 6: Soliciting inputs from ILO on final drafts • Step 7: Submitting final drafts to Labour & Human Resource Department for onward submission to Law Department for vetting and legislation

  31. Challenges & Discussion Points • Identifying laws for consolidation • Determining scope of applicability and thresholds • Unified and comprehensive definitions (as far as possible) across entire spectrum of labour and employment laws • Adding deterrence value to penalties for non-compliance (cost of non-compliance should be greater than benefit of non-compliance)

  32. Thank you

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